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2019 (10) TMI 387

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..... or the assessment year 2012-13 as per the following grounds of appeal on record: 1. The order of the Ld. CIT(A) is contrary to law and to the facts and circumstances of the case. 2. Whether on facts and in circumstances of the case, the Ld. CIT(A) has grossly erred in allowing that the disallowance of provision for warranty of ₹ 2,25,49,347/- made by the Assessing Officer. 3. The above ground of appeal may kindly be allowed to be amended, altered, modified etc. in the interest of natural justice. 2. The crux of the grievance in this appeal by the Revenue is the allowance by the Ld. CIT(Appeals) regarding the provisions for warranty. 3. The Ld. CIT(Appeals) on this issue has observed that the assessee had e-fil .....

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..... ara 1.3 of the order of the CIT(A), which reads as under :- Particulars Financial Year 2009-10 2010-11 2011-12 2012-13 Opening balance 7,500,000 7,500,000 19,593,249 42,142,596 Addition Utilisation 15,888,819 41,305,567 (18,756,220) 103,707,585 (41,429,042) Closing Balance 7,500,000 19,593,24 42,142,596 104,421,139 7. .....

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..... disallowable made by the AO cannot be upheld. Accordingly, ground no.1 of the appeal is allowed. 8. Considering the above reasoning given by the CIT(A), we find the order of the CIT(A) is fair and reasonable on this issue and it does not call for any interference. Therefore, the grounds raised by the Revenue in its appeal are dismissed. Respectfully, following the aforesaid decision of the Co-ordinate Bench of the Tribunal, Pune and considering that the facts and circumstances in this year are identical as per the submissions of both the parties herein and as also agreed by them, the relief granted to the assessee by the Ld. CIT(Appeals) is hereby sustained. 6. In the result, appeal of the Revenue is dismissed. Order pr .....

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